反思当代国际航运反垄断规制的欧美法路径——兼论中国特色模式之构建

Rethinking the legal approaches adopted by the European Union and U. S. A regarding anti-monopoly regulation on contemporary international shipping industry——construction of model with Chinese characteristic

中国因素已成为当今国际贸易与国际航运发展的关键因素。如何重塑反垄断法律应对当代国际航运业的重大变化是一个崭新课题。运用经济学与法学交叉研究方法,澄清"空核市场"经济学理论阐释航运市场是一个历史错误,应当取消航运反垄断特殊豁免政策;国际航运市场的新常态是联盟化,需要引入寡头垄断理论作为制度创新的理论基石。对欧盟与美国传统路径进行深刻反思,提出应当构建与完善中国特色航运反垄断模式,维护国家利益并逐步引领国际航运新秩序。

Chinese factor has become a key role in the development of international trade and shipping. How to reshape the anti-monopoly law for coping with the significant change of international shipping industry has become a new subject. Through the examination of economics and law, the paper points out that the theory of empty core market which is used to explain the shipping marker is a historical mistake and the special exemption policy applied to shipping industry should be abolished. As alliance is the new normal in the shipping market, the theory of oligopoly should be introduced as the basis of regulation inno- vation. The traditional legal approaches adopted by the European Union and U. S. A are revisited, and it is suggested that shipping anti-monopoly law with Chinese characteristic should be built and perfected in order to protect the national interests and lead to build the new international shipping order.